Missouri

Missouri at a Glance

1. Mechanic's Lien Rules

Plain English

Missouri liens are filed with the circuit clerk, not the recorder. An original contractor must give the owner (or whoever it contracts with) a statutory Notice to Owner before it receives any payment; without it, the contractor has no lien. Everyone else (subs and suppliers) must give the owner 10 days' notice before filing. The lien must be filed within 6 months after the debt accrues, and suit must follow within 6 months after filing. Priority is Missouri's big trap: a properly filed lien dates from the visible commencement of work on the project, and it beats any encumbrance attaching later. The Missouri Supreme Court applied this "first spade" rule to put mechanic's liens ahead of a purchase-money deed of trust recorded after work began (Bob DeGeorge Associates v. Hawthorn Bank, 2012).

Key Rules

Original contractor's notice (RSMo 429.012). Written "Notice to Owner" in 10-point bold type, given before receiving any payment (at contract, delivery, start of work, or with the first invoice). Compliance is a condition precedent to the original contractor's lien (429.012.2). It doesn't apply to new residences where the buyer has mechanics' and suppliers' lien protection through a Missouri-registered title insurer (429.012.4). A settlement agent, including a title insurer or agent, that knowingly accepts a fraudulent lien waiver or false affidavit with intent to defraud, for its own financial gain, commits a class D felony (429.012.5).

Notice before filing (RSMo 429.100). Every claimant except the original contractor gives the owner 10 days' notice before filing.

Filing (RSMo 429.080). Within 6 months after the indebtedness accrued (rental equipment: within 60 days after removal), with the circuit clerk of the county.

Suit (RSMo 429.170). Within 6 months after filing; otherwise the lien ends.

Priority (RSMo 429.060). Preferred to all encumbrances attaching after the commencement of the building or improvement. Case annotations: the lien dates from the visible commencement of actual operations on the ground (H. B. Deal Construction Co. v. Labor Discount Center, 418 S.W.2d 940 (Mo. 1967)); a purchase-money deed of trust recorded after work began is inferior (Bob DeGeorge Associates v. Hawthorn Bank, 377 S.W.3d 592 (Mo. banc 2012)).

Practice Points

1. Inspect for any visible work before the deed of trust records. Even a purchase-money lender can lose.
2. Search the circuit clerk's records for lien filings.
3. Get lien waivers and an owner's affidavit for work in the last 6 months.

Citations

• RSMo 429.012 (original contractor notice): https://revisor.mo.gov/main/OneSection.aspx?section=429.012
• RSMo 429.060 (priority): https://revisor.mo.gov/main/OneSection.aspx?section=429.060
• RSMo 429.080 (6-month filing): https://revisor.mo.gov/main/OneSection.aspx?section=429.080
• RSMo 429.100 (10-day notice before filing): https://revisor.mo.gov/main/OneSection.aspx?section=429.100
• RSMo 429.170 (6-month suit): https://revisor.mo.gov/main/OneSection.aspx?section=429.170

2. Execution and Notarization Requirements for Recording

Plain English

Missouri deeds are recorded with the county recorder of deeds. Under the recording statute, an unrecorded instrument is valid only between the parties and against people with actual notice until it's deposited for record. The recorder can refuse documents that don't meet Missouri's format rules (one-sided pages, at least 8-point type, legibility, light-colored paper, a 3-inch top margin, and similar), or record them for an extra $25. Missouri allows remote online notarization by commissioned remote online notaries (enacted 2020). Missouri has no state real estate transfer tax.

Key Rules

• Recording act (RSMo 442.400). Not valid, except between the parties and those with actual notice, until deposited for record.
• Format (RSMo 59.310). Recorder may refuse documents that don't meet page, type, legibility, paper, and margin rules (3-inch top margin; 3/4-inch others), or record them for an additional $25. The Revisor notes that the 2022 amendment (H.B. 1606) was held invalid in Byrd v. State, 679 S.W.3d 492 (Mo. banc); the fee and format rules quoted here appear in both the 2002 and 2022 versions.
• Remote online notarization (RSMo 486.1100 to 486.1205; L. 2020 H.B. 1655, effective Aug. 28, 2020). The notary must be physically located in Missouri (486.1100(2)).

Practice Points

1. Check document format against RSMo 59.310 before sending to record.
2. RON documents: confirm the notary's remote online commission.
3. Lis pendens filed as leverage can backfire (CBAM v. Alps Acquisitions, 2026, section 7). Consider interpleader for earnest-money fights.

Citations

• RSMo 442.400 (not valid until recorded): https://revisor.mo.gov/main/OneSection.aspx?section=442.400
• RSMo 59.310 (recording format): https://revisor.mo.gov/main/OneSection.aspx?section=59.310
• RSMo 486.1100 (remote online notarization; definitions): https://revisor.mo.gov/main/OneSection.aspx?section=486.1100
• CBAM, LLC v. Alps Acquisitions, LLC, No. ED113496 (Mo. Ct. App. E.D. May 26, 2026) (summary): https://molawyersmedia.com/2026/06/09/missouri-real-estate-sale-slander-title-appeal/

3. Securing Future Advances

Plain English

Missouri's future-advance statute (RSMo 443.055) is detailed and opt-in. A deed of trust qualifies only if it clearly states that it secures future advances, states a face amount, and expressly says it is governed by § 443.055. If it does, priority for all advances, optional or obligatory, dates from recording, whether or not a third party knows about the advances, up to the face amount. Protective advances (taxes, insurance, repairs) and construction loan advances can exceed the face amount. The owner can cut off further advances by sending the lender a notice of termination; the lender must then record a statement within 15 days showing the balance, and later advances generally aren't secured.

Key Rules

• Requirements (RSMo 443.055.1(10), .2). The instrument must state that it secures future advances, state the face amount, and say it is governed by § 443.055.
• Face amount (RSMo 443.055.2). Total principal secured at any one time may not exceed the face amount, except protective and construction advances (443.055.3).
• Priority (RSMo 443.055.5). Dates from recording as to third parties, whether or not they have actual notice and whether advances are optional or obligatory. An amendment increasing the amount has priority from the amendment's recording for the excess.
• Termination notice (RSMo 443.055.6). Owner may send notice; lender records a statement within 15 days; later advances generally not secured, and the secured amount is capped at the stated balance.

Practice Points

1. Read the deed of trust for all three requirements, including the § 443.055 reference.
2. New owner? Ask whether a termination notice was sent, and check for the lender's recorded statement.
3. Construction loans: remember the first-spade rule (section 1) can still put liens ahead.

Citations

• RSMo 443.055 (future advances): https://revisor.mo.gov/main/OneSection.aspx?section=443.055

4. Subdivision Statutes and Regulations

Plain English

Missouri subdivision rules are mostly local (city and county ordinances). The state plat statutes add a few hard rules: a plat of land inside a city can't be recorded until the city council approves it by ordinance and all taxes are paid. In cities of 400,000 or more, it's unlawful to sell or offer to sell a lot by reference to a plat until the plat is recorded.

Key Rules

• Plat recording (RSMo 445.030). Acknowledged and recorded; within a city, approved by council ordinance and taxes paid before recording.
• Sales before recording (RSMo 445.110). In cities of 400,000 or more, unlawful to sell or offer lots by reference to an unrecorded plat.

Practice Points

1. New lot? Get the recorded, approved plat.
2. Read easement grants by their plain meaning. A "non-commercial" easement wasn't read to bar agricultural use, and an appurtenant easement could be used by the owner's authorized third parties (Daume v. Szepanski, No. ED113073, Mo. Ct. App. E.D. Feb. 3, 2026).
3. Check plat dedications and notes for access and utility easements.

Citations

• RSMo 445.030 (plat approval and recording): https://revisor.mo.gov/main/OneSection.aspx?section=445.030
• RSMo 445.110 (no sales before recording; large cities): https://revisor.mo.gov/main/OneSection.aspx?section=445.110
• Daume v. Szepanski, No. ED113073 (Mo. Ct. App. E.D. Feb. 3, 2026) (summary): https://molawyersmedia.com/2026/02/12/missouri-court-agricultural-easement-third-party-access/

5. Title Premium Rates

Plain English

Missouri title insurers file their risk rates with the Director of Insurance for each county (and the City of St. Louis), on the Department's uniform risk rate report form. Under the Department's regulation, a filed rate takes effect no earlier than the 30th day after the Director receives it, and title insurers must also file closing protection letter rates for residential transactions. The regulation requires rate schedules to comply with RSMo 381.171. One wrinkle: the Revisor's site lists both RSMo 381.171 (the rate standard) and 381.181 (premium schedule filing) as repealed by a 2000 bill (S.B. 894) that the Missouri Supreme Court held violated the clear-title rule (Home Builders Ass'n of Greater St. Louis v. State, 75 S.W.3d 267 (Mo. banc 2002)).

Key Rules

• Filing (20 CSR 500-7.100(2)). File risk rates for each county and the City of St. Louis on Form T-7; effective no earlier than the 30th day after receipt. Closing protection letter rates for residential transactions are also filed and must not be excessive or inadequate (20 CSR 500-7.100(2)(C)).

Practice Points

1. Quote from the company's filed Missouri risk rates for the county.
2. Separate the risk rate from search, exam, and closing charges.
3. Use the filed closing protection letter rate.

Citations

• RSMo 381.171, 381.181 (Revisor status notes): https://revisor.mo.gov/main/OneSection.aspx?section=381.171 ; https://revisor.mo.gov/main/OneSection.aspx?section=381.181
• 20 CSR 500-7.100 (rate schedules): https://www.law.cornell.edu/regulations/missouri/20-CSR-500-7-100 ; https://www.sos.mo.gov/cmsimages/adrules/csr/current/20csr/20c500-7.pdf

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Missouri has no transfer tax and no mortgage tax. Recorders charge per-page fees plus statutory add-on fees, and may refuse documents that don't meet the format rules.

Key Rules

(a) Deed transfer, conveyance or excise tax

• None. Since 2010, the Missouri Constitution bars the state, counties, and other political subdivisions from imposing any new tax on the sale or transfer of real estate (Mo. Const. art. X, § 25, adopted Nov. 2, 2010).

(b) Mortgage, indebtedness or intangible tax

• None. Missouri has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

• Recorder fees (RSMo 59.310.6(1)). $5 for the first page and $3 for each additional page.
• User fee (RSMo 59.319.1). $6 per instrument from Aug. 28, 2026 (2026 S.B. 938; previously $4).
• Additional fee (RSMo 59.319.2). $3 per deed, mortgage, deed of trust, or other instrument concerning land under § 59.330.1(1), for the Missouri housing trust fund.
• Nonconforming documents (RSMo 59.310.3). $25 extra if recorded despite not meeting the format rules.
• Certificate of value is required in some counties.

Practice Points

1. Collect recording fees only; check format rules (RSMo 59.310).

Citations

• RSMo 59.310 (format; fees): https://revisor.mo.gov/main/OneSection.aspx?section=59.310
• RSMo 59.319 (user and housing trust fees): https://revisor.mo.gov/main/OneSection.aspx?section=59.319
• Mo. Const. art. X, § 25 (no new transfer taxes): https://revisor.mo.gov/main/OneSection.aspx?constit=y&section=X++++25